California Case Summaries
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California

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Cruz v. City of San Diego — S.D. Cal. Allows Wrongful-Death Claims Over Police Shooting of Incapacitated Suspect to Proceed in Part

In a Section 1983 wrongful-death action brought by the parents of a man fatally shot by San Diego police officers — including allegations that officers continued to fire shots into the decedent’s body after he was already incapacitated — the court granted in part and denied in part the city&#8

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Stanz v. Brown — S.D. Cal. Magistrate Recommends Civil Contempt and Coercive Per-Diem Fine for Defendants’ Failure to Pay $11,400 Fee Award

After defendants ignored a court order to pay an $11,400 attorney-fee award, the magistrate judge certified facts to the district judge supporting civil contempt and recommended a coercive per-diem fine, but recommended denying the plaintiff’s request for additional fees on the contempt motion

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Stanz v. Brown — S.D. Cal. Magistrate Recommends Civil Contempt for Defendants’ Refusal to Comply With Discovery Order, but Declines Adverse-Inference and Default-Judgment Sanctions

After defendants in a private-jet brokerage dispute substantially failed to comply with a court order requiring document production and on-site electronic-storage inspection, the magistrate judge recommended civil contempt and coercive per-diem fines, but declined to recommend the harsher remedies o

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McElroy v. Pernod Ricard — S.D. Cal. Lets Failure-to-Warn Claim Survive in Sparkling-Wine Bottle Injury Case but Dismisses Design-Defect and Negligence Claims

In a personal-injury suit by a consumer who lacerated her hand when a Mumm Napa Valley sparkling wine bottle exploded after she used a corkscrew to remove a stuck cork, the court granted summary judgment on the design-defect and negligent-storage claims but allowed the failure-to-warn claims to proc

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Ibarra Gamboa v. Garland — S.D. Cal. Dismisses Habeas Petition Filed by Detainee’s Partner Because Pro Se ‘Next Friend’ Cannot Sign for Petitioner

The court dismissed without prejudice an immigration habeas petition that had been signed by the detainee’s long-term partner as ‘next friend,’ ruling that even if the partner had a basis for next-friend standing under Whitmore v. Arkansas, she could not represent the detainee whil

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Lovejoy v. Transdev Services — S.D. Cal. Decertifies Bus Driver Class and Stays Action in Light of Overlapping Earlier-Filed State-Court Cases

After previously certifying a class of California bus driver/operator employees of Transdev for wage-and-hour claims, the court reversed course and decertified the class in light of multiple overlapping earlier-filed state-court class actions, then stayed the case to allow those proceedings to advan

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